Bill C-604
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C-604
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-604
An Act to amend the Immigration and Refugee Protection Act (appeal process for temporary resident visa applicants)
first reading, December 13, 2010
Ms. Chow
403166
SUMMARY
This enactment establishes an appeal process for temporary resident visa applicants under the Immigration and Refugee Protection Act. It seeks to extend the jurisdiction of the Immigration Appeal Division under the Immigration and Refugee Protection Board by expanding its mandate to include appeals from temporary resident visa applicants who have been refused a temporary resident visa or extension of that visa.
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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-604
An Act to amend the Immigration and Refugee Protection Act (appeal process for temporary resident visa applicants)
2001, c. 27
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 63 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):
Right to appeal — temporary resident visa
(1.1) A person who has filed in the prescribed manner an application for a temporary resident visa may appeal to the Immigration Appeal Division against the decision of an officer not to issue the person a temporary resident visa or extension of that visa.
2. Subsection 69(2) of the Act is replaced by the following:
Minister’s appeal
(2) In the case of an appeal by the Minister respecting a permanent resident, a temporary resident or a protected person, other than a person referred to in subsection 64(1), if the Immigration Appeal Division is satisfied that, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case, it may make and may stay the applicable removal order, or dismiss the appeal, despite being satisfied of a matter set out in paragraph 67(1)(a) or (b).
Published under authority of the Speaker of the House of Commons
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